ORDER

The respondent was married to Sneh Lata on 25th March, 1986. A child, namely, Vishwas (PW-2) was born to the parties in the year 1988. Sneh Lata died on 22nd December, 1993 in her house. It is alleged that poison was administered to her by the respondent - her husband in the presence of Vishwas, PW-2. The first information report was lodged by the brother of the deceased on the same day at 11.30 p.m. in the night. The respondent was charged for the commission of the offence punishable under sections 302 and 498A of the Indian Penal Code. After recording the evidence, the trial court acquitted the accused. Leave to file acquittal appeal was denied by the High Court vide the order impugned in this appeal by special leave.

2. Relying upon the statement of PW-2, learned counsel appearing for the appellant-state has urged that the trial court was not justified in acquitting the respondent because PW-2 had categorically stated that poison was administered to his mother - Sneh Lata by his father-respondent. It is further submitted that as there is no infirmity in the statement of PW-2, the same could be made the basis for conviction of the respondent.

3. The trial court has taken note